Frequently Asked Questions:

Q.What is Genocide?

The Convention on the Prevention and Punishment of the Crime of Genocide defines Genocide as follows.

Article II

In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial, or religious group, as such:

  1. Killing members of the group;
  2. Causing serious bodily or mental harm to members of the group; 
  3. Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
Imposing measures intended to prevent births within the group; (e) Forcibly transferring children of the group to another group.

Q.What is Genocide and related atrocity crimes?

The expression “Genocide and related atrocity crimes” refers to genocide as well as the international crimes of crimes against humanity and war crimes. The expression helps distinguish these crimes from other crimes that also have an international and atrocity component, such as illicit trade of human organs, drug trafficking and arms trafficking etc.

Q.What is the work of the Special Adviser on the Prevention of Genocide?

The mandate of the Special Adviser on the Prevention of Genocide is mainly outlined in a 2004 letter addressed by the Secretary-General to the President of the Security Council (S/2004/567). This followed the Security Council’s invitation, in its Resolution 1366 (2001).

The Special Adviser on the Prevention of Genocide:

  1. Collects existing information, in particular from within the United Nations system, on massive and serious violations of human rights and international humanitarian law of ethnic and racial origin that, if not prevented or halted, might lead to genocide.
  2. Acts as a mechanism of early warning to the Secretary-General, and through him to the Security Council, by bringing to their attention potential situations that could result in genocide.
  3. Makes recommendations to the Security Council, through the Secretary-General, on actions to prevent or halt genocide.
  4. Liaises with the United Nations system on activities for the prevention of genocide and work to enhance the United Nations capacity to analyse and manage information relating to genocide or related crimes.

The methodology employed would entail a careful verification of facts and serious political analyses and consultations, without excessive publicity. This would help the Secretary-General define the steps necessary to prevent the deterioration of existing situations into genocide. The Special Adviser would not make a determination on whether genocide within the meaning of the Convention had occurred.

Q.What is the work of the Special Adviser for Responsibility to Protect?

In 2007 the Secretary-General addressed a letter (S/2007/721) to the President of the Security Council in which he designated a Special Adviser on the Responsibility to Protect on a part time basis with the primary role of conceptual development and consensus- building.

Q. Are the Special Advisers on Prevention of Genocide and for Responsibility to Protect the same as the Special Rapporteurs?

No, the Special Advisers are United Nations staff members. On the other hand, the Special Rapporteurs are a mechanism of the Human Rights Council, the Special Procedures, and are appointed as independent experts.

Q.Does the Special Adviser on the Prevention of Genocide have a mandate to qualify past or current situations as genocide, crimes against humanity or war crimes?

The Special Adviser does not have judicial or quasi-judicial powers and is therefore not in a position to determine whether specific situations, either ongoing or from the past, legally qualify as the international crimes of genocide, crimes against humanity and war crimes. Instead, the Special Adviser on the Prevention of Genocide through employing a methodology that entails a careful verification of facts and serious political analyses and consultations and without excessive publicity, makes assessments as to whether there is risk of any of those crimes occurring in a particular situation, with the objective of preventing or halting those crimes in case they are suspected to be already occurring

Q.Does the Office of the Special Adviser on the Prevention of Genocide (OSAPG) investigate situations that could amount to Genocide or related atrocity crimes?

The Special Adviser on the Prevention of Genocide is mandated to gather information on situations of concern in order to assess the risk of genocide. In addition, the criteria contained in the Framework of Analysis for Atrocity Crimes assists OSAPG in analyzing not only Genocide but also related atrocity crimes such as crimes against humanity and war crimes. In specific circumstances where information might be limited or not available, the Special Advisers and the technical staff may undertake field missions to consolidate analysis and understanding of specific situations of concern. However, the Office does not carry out criminal investigations on specific incidents, present or past.

Q.Which contexts is the Special Adviser on the Prevention of Genocide concerned about?

The Special Adviser on the Prevention of Genocide monitors situations worldwide and works with Member States across all regions to develop community, national and regional prevention strategies. The focus of the Special Adviser on the Prevention of Genocide mandate is on prevention. This therefore means a focus on building the resilience of Member States worldwide to prevent Genocide.

Q.Are the Special Advisers for the Prevention of Genocide and the Special Adviser for Responsibility to Protect supported by field presences?

The Special Advisers are supported by New York-based staff. They receive information from United Nations offices around the world, regional and sub-regional organizations, international and national civil society organizations, as well as public sources. For purposes of analysis, the Special Adviser for the Prevention of Genocide verifies all information used for assessment purposes.

Q.Does the Special Adviser on the Prevention of Genocide and the Special Adviser on Responsibility to Protect cooperate with the International Criminal Court (ICC) or with national courts of justice?

The ICC is an independent judicial body that is not part of the UN. A Relationship Agreement between the UN and the ICC sets out the legal framework for cooperation between the two institutions on matters of mutual interest.

The Special Adviser for Prevention of Genocide and the Special Adviser for Responsibility to Protect are strong advocates of accountability for Genocide and related atrocity crimes, including through national, regional, or international judicial mechanisms. In addition to the importance of rendering justice to the victims of these crimes, accountability is seen a fundamental contributing factor to reconciliation and long-term stability. The Special Adviser on the Prevention of Genocide may recommend that the UN Security Council refers specific situations to the ICC if risk factors for the crime of genocide exist. However, the Special Adviser on the Prevention of Genocide is not directly engaged in any criminal investigation that could be brought before a national or international jurisdiction.

Q.Does the Special Adviser for Prevention of Genocide and the Special Adviser for Responsibility to Protect support any kind of capacity-building activities?

One of the mandates of the Special Adviser on the Prevention of Genocide is to build the capacity of the United Nations, Member States, regional and sub-regional organizations and civil society to strengthen prevention. The Special Adviser for Responsibility to Protect also builds capacity on conceptual development and consensus- building on the responsibility to protect. This is done through partnerships and developing a range of activities with many partners worldwide, targeted to respond to specific needs and priorities. If you are interested in supporting or developing activities at the national or regional level on Prevention of Genocide and related atrocity crimes, contact us at osapg@un.org.

Q.I am an activist/student/teacher. How can I co-operate with the Office of the Special Adviser for the Prevention of Genocide and the Special Adviser for the Responsibility to Protect?

OSAPG welcomes the involvement of students and educational institutions in prevention of genocide studies and advocacy as well as on conceptual development and consensus building of the responsibility to protect. There is a considerable amount of information available on our website that we invite you to explore and make use of to raise awareness of the precursors of Genocide and related atrocity crimes and the importance of prevention.

If there are any documents or information you would like to share with our Office, or concerns you would like to raise, please send us an email at osapg@un.org.